Congressional Disapproval of District of Columbia Acts: Overview of Selected Resolutions

Congressional Disapproval of District of Columbia Acts: Overview of Selected Resolutions

INSIGHTi

Congressional Disapproval of District of
Columbia Acts: Overview of Selected
Resolutions
Updated April 20, 2023
The U.S. Constitution provides Congress with plenary legislative authority over the District of Columbia
(DC) as the federal capital. With the passage of the District of Columbia Self-Government and
Governmental Reorganization Act of 1973 (P.L. 93-198, hereinafter the Home Rule Act), Congress
granted limited home rule authority to DC, and it empowered DC residents to elect a mayor and city
council. Pursuant to Section 601 of the Home Rule Act, Congress “reserves the right, at any time, to
exercise its constitutional authority as legislature for the District.” The act also established a process by
which Congress may review and disapprove of most laws enacted by DC before they take effect.
On March 20, 2023, President Biden signed into law, H.J.Res. 26, Disapproving the action of the District
of Columbia Council in approving the Revised Criminal Code Act of 2022, which nullified DC Act A24-
0789. On February 9, 2023, the U.S. House of Representatives adopted H.J.Res. 24, which would have
nullified DC Act A24-0640. H.J.Res. 24 did not receive floor consideration in the Senate. On April 19,
2023, the House adopted H.J.Res. 42, which would nullify A24-0781.
Disapproval Process
Most forms of local DC law are transmitted to Congress for a specified review or “layover” period. The
length of the layover period differs based on the type of law the District has enacted (60 days for criminal
legislation and 30 days for other acts). The layover period excludes Saturdays, Sundays, federal holidays,
and days on which neither the House nor the Senate is in session because of an adjournment sine die or
pursuant to an adjournment resolution. In practice, the start and end date of the review period is subject to
the interpretation of the House or Senate Parliamentarian.
Under the Home Rule Act, any Member of the House or Senate may introduce a qualifying joint
resolution disapproving a DC law at any time after the law has been submitted to Congress and before the
expiration of the layover periods described above. There is no limit on the number of resolutions that may
be introduced. The act in question will take effect upon the expiration of the layover period, unless it is
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first overturned by a joint resolution of disapproval adopted by both chambers of Congress and signed by
the President, enacted over his veto, or with no action taken by the President.
For more information on this process, see CRS Insight IN12119, Congressional Disapproval of District of
Columbia Laws Under the Home Rule Act, by Christopher M. Davis.
Selected Disapproval Resolutions
Since enactment of the Home Rule Act in 1973, four resolutions disapproving DC acts have resulted in
the nullification of DC laws, as listed in Table 1.
Table 1. Disapproval Resolutions of DC Acts Agreed to in Congress
Through Home Rule Act Disapproval Process
Resolution Number
Congress
Resolution Title
H.J.Res. 26
118th Congress
Disapproving the action of the District of Columbia Council in
approving the Revised Criminal Code Act of 2022.
S.J.Res. 84
102nd Congress
A joint resolution disapproving the action of the District of
Columbia Council in approving the Schedule of Heights
Amendment Act of 1990.
H.Res. 208
97th Congress
A resolution disapproving the action of the District of Columbia
Council in approving the District of Columbia Sexual Assault
Reform Act of 1981.
S.Con.Res. 63
96th Congress
A concurrent resolution to disapprove the Location of
Chanceries Amendment Act of 1979 passed by the City Council
of the District of Columbia.
Source: Congress.gov.
Note: H.Res. 208 and S.Con.Res. 63 were adopted as legislative vetoes, prior to the U.S. Supreme Court’s 1983 ruling
that struck down legislative vetoes.
Seven additional disapproval resolutions have received floor consideration in at least one chamber of
Congress since enactment of the Home Rule Act, as listed in Table 2.
Table 2. Disapproval Resolutions of DC Acts Receiving Floor Consideration
Through Home Rule Act Disapproval Process
Resolution Number
Congress
Resolution Title
H.J.Res. 42
118th Congress
Disapproving the action of the District of Columbia Council in
approving the Comprehensive Policing and Justice Reform
Amendment Act of 2022.
H.J.Res. 24
118th Congress
Disapproving the action of the District of Columbia Council in
approving the Local Resident Voting Rights Amendment Act of
2022.
H.J.Res. 43
114th Congress
Disapproving the action of the District of Columbia Council in
approving the Reproductive Health Non-Discrimination
Amendment Act of 2014.

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H.J.Res. 158
102nd Congress
Disapproving the action of the District of Columbia Council in
approving the Schedule of Heights Amendment Act of 1990.
H.J.Res. 341
100th Congress
A joint resolution disapproving the action of the District of
Columbia Council in approving the Prison Overcrowding
Emergency Powers Act of 1987.
H.Con.Res. 228
96th Congress
A bil to disapprove the Location of Chanceries Amendment Act
of 1979 passed by the Council of the District of Columbia.
S.Con.Res. 78
94th Congress
Concurrent resolution disapproving proposed bond issue by the
Government of the District of Columbia.
Source: Congress.gov.
Notes: S.J.Res. 84 was adopted in lieu of H.J.Res. 158 and was enacted, invalidating the Schedule of Heights Amendment
Act of 1990. S.Con.Res. 63 was agreed to in lieu of H.Con.Res. 228, invalidating the Location of Chanceries Amendment
Act of 1979.
Discussion
The Home Rule Act disapproval procedure is one expedited parliamentary method that Congress might
use to invalidate a DC law. It is not, however, the only way Congress might undertake such disapproval.
More frequently, Congress has influenced actions of the DC government through the regular lawmaking
process, including the appropriations process. For example, Congress often includes general policy
provisions known as limitations or riders in appropriations laws to prevent the DC government from
expending funds on certain activities.

Author Information

Joseph V. Jaroscak
Christopher M. Davis
Analyst in Economic Development Policy
Analyst on Congress and the Legislative Process

Ben Leubsdorf

Research Librarian

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff
to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of
Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of
information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role.
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